TELESEMINAR: Attorney Ethics and Elder Abuse – A National Perspective
January 10, 2014
12:00 – 1:00 p.m.
1.00 MCLE hours, including 1.00 Professional Responsibility MCLE credit hours (PMCLE credit subject to approval)
Elder abuse and undue come in many forms – some overt like physical harm, others more difficult to detect like the use of undue influence for purposes of financial exploitation. The abuse or undue influence can be exerted by family members of the elderly, caretakers or others. Frequently, attorneys have a privileged view of these forms of abuse and are left in the excruciating position of maintaining strict adherence to the duty of confidentiality and the desire to do rectify the abuse. This program will provide you with a real-world guide to major ethical issues related to competence, confidentiality, the attorney-client privilege and when an attorney may or is required to break client confidences to report abuse.
- Attorney ethics when elder abuse and undue influence are discovered or suspected
- Types of elder abuse – physical abuse and financial exploitation
- Spotting sources of undue influence and abuse – isolation, dependence, intellectual disabilities
- Ethical issues when clients have or are suspected of having competence issues
- Joint representations involving abuse or undue influence
- Circumstances when confidentiality may or is required to be broken for reporting purposes
Adam M. Fried, Reminger, Co., LPA, Ohio
Thomas E. Spahn, McGuireWoods, LLP, Virginia
William Freivogel, Freivogel Ethics Consulting, Illinois
*Professional Responsibility MCLE credit subject to approval